1. Fair Chance Hiring Dallas City Council September 5, 2017
Beverly Davis, Assistant Director, Fair Housing and Human Rights Office

2. Background
The City removed general criminal history questions from employment applications for civilian positions in 2007
Criminal background checks are conducted after making a contingent offer of employment
The City still has criminal history questions on employment applications for sworn positions
In May 2015 City Council approved the revised standards for criminal convictions for laborers and truck drivers
Prior to change, 57% of applicants for laborer/truck driver positions were disqualified based on the criminal convictions matrix
Currently losing 20% of applicants
Economic and Neighborhood Vitality

3. Background
Dallas City Council was briefed on Ban The Box and Fair Chance Hiring by Human Resources on June 2, 2016
Economic Development Committee was briefed on Fair Chance Hiring on April 17, 2017
Economic Development and Housing Committee was briefed on Ban The Box and Fair Chance Hiring on August 21, 2017
Requested an additional briefing on 9/5/2017
Economic and Neighborhood Vitality

4. Purpose
To present options for implementation of a Fair Chance Hiring initiative within the City of Dallas that will reduce barriers to employment for job seekers with criminal histories
Economic and Neighborhood Vitality

5. Overview and Definitions
Ban the Box
Removes the conviction history on job applications and delays criminal background inquiries to later in the hiring process
Fair Chance Hiring
Incorporates EEOC’s arrest and conviction records guidelines which requires employers to consider:
Job relatedness of a conviction
Time passed from the conviction, and
Mitigating circumstances or evidence of rehabilitation
Goal of Fair Chance Hiring is to increase employment opportunity and reduce recidivism
Economic and Neighborhood Vitality

6. Overview
Seventy (70) Million adults in the U.S (about one in three American Adults) have a criminal record
Since 1980, the rate of imprisonment in the United States has tripled
The United States has the highest incarceration rate in the world
Economic and Neighborhood Vitality

7. Overview
Nationwide, over 150 cities and counties have adopted Ban the Box
There are a total of 25 states representing nearly every region of the country that have taken action to implement Ban the Box:
California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon, Rhode Island, Tennessee, Vermont, Virginia, and Wisconsin
Source:
Economic and Neighborhood Vitality

8. Rationale For Policy Development
Economic Growth
Public Safety
Greater Opportunity for Job Seekers
Human Rights Initiative
Economic and Neighborhood Vitality

9. Removing job barriers boosts the economy
Economic Growth
Removing job barriers boosts the economy
Economists have estimated that because people with felony records and the formerly incarcerated have poor prospects in the labor market, the nation’s gross domestic product in was reduced by an estimated $78 to $87 billion
Economic and Neighborhood Vitality

10. Public Safety
Employing the formerly incarcerated individuals improves public safety
A 2011 study of the formerly incarcerated found that employment was the single most important influence on decreasing recidivism, and that two years after release, nearly twice as many employed people with records had avoided another brush with the law than their unemployed counterparts
An examination of a national experimental public work program for the formerly incarcerated found that even marginal employment opportunities were effective in reducing illegal activity and arrest for those over 27 years of age
Economic and Neighborhood Vitality

11. Greater Opportunity for Job Seekers
Potential Hires are not screened out for positions where they have the requisite skills to be successful
Enlarges the pool of available applicants to fill positions
Creates opportunity to partner with non-profits and agencies involved in job training
Economic and Neighborhood Vitality

12. Human Rights Initiative
Provides opportunity for those with criminal history to mainstream back into society
Recognizes the worth and value of each person regardless of criminal history
Recognizes that each community has a role in assisting with the rehabilitation of those with a criminal history
Economic and Neighborhood Vitality

13. Consideration for City Resolution or Ordinance
Scope of Policy or Ordinance
Who is covered?
What is covered?
Exemptions
How is it enforced?
Resources for enforcement
Education and outreach
Overview of Fair Chance Hiring Laws in Texas
Current City Initiatives and Partnerships
Economic and Neighborhood Vitality

14. List of All Ban the Box & Fair-Chance Laws and Policies in Texas
Sources:
Economic and Neighborhood Vitality

15. City of Austin Ordinance
The City of Austin adopted a Fair Chance Ordinance on March 24, with the following provisions:
Covers private employers with 15 or more employees
Criminal history cannot be an automatic disqualification from consideration for a covered job
Employer cannot solicit criminal history or consider criminal history unless the employer has first made a conditional employment offer to an individual
An employer who takes adverse action against an individual based on the individual’s criminal history must inform the individual in writing that the adverse action was based on criminal history
Economic and Neighborhood Vitality

16. City of Austin Ordinance
Employers who fail to cease a violation by the 10th day after a violation are liable for a civil penalty of up to $500.00
For the first violation, an employer may elect to take a class and receive a warning
Complaint must be filed within 90 days of the adverse action
Ordinance Effective April 4, 2016
Largest Employers (State of Texas and U.T. Austin) are exempt from the ordinance
Economic and Neighborhood Vitality

17. City of Austin Ordinance
The City of Austin created 3 new positions and funded a marketing campaign with a FY17 budget of $363,822
Equal Employment and Fair Housing Investigator – Annual Salary (including benefits) $92,075
Business Process Consultant, Sr. – Annual Salary (including benefits) $124,221
Administrative Specialist – Annual Salary (including benefits) $72,526
Marketing campaign for outreach and education $75,000
Economic and Neighborhood Vitality

18. City of Austin Ordinance
The City of Austin has received 3 complaints since the passing of the Ordinance, and they are still under review
Ordinance has not led to significant complaint activity
Economic and Neighborhood Vitality

19. City of San Antonio
On December 7, 2016, the San Antonio City Council Governance Committee supported a staff recommendation to remove all questions about criminal history from the civilian job application
After receiving background check results, human resources staff conduct an individualized assessment, considering:
job relatedness of a conviction
offense level
time elapsed
mitigating circumstances
rehabilitation evidence
Economic and Neighborhood Vitality

20. Texas Counties with Fair Chance Hiring Guidelines
Travis County (Administrative policy applies to county):
Background check only after applicant selected for hire
Background checks only required for some positions
Incorporates EEOC criteria in individualized assessment
Dallas County, TX (Administrative policy applies to county) :
Right to appeal denial of employment
Economic and Neighborhood Vitality

21. City Initiatives that Support Fair Chance Hiring
Council awarded a 1.5 million contract for workforce readiness, placement and retention on May 10, 2017
Targeted populations include formerly incarcerated
Nonprofit Partners include: City Square, Habitat for Humanity, Serve West Dallas and Transformance
Economic and Neighborhood Vitality

22. City Initiatives that Support Fair Chance Hiring
Contract with DOORs(Unlocking Doors to Reduce Recidivism)
Collects and report evidence-based data regarding re-entry rates and recidivism
Conducts assessments on clients with criminal backgrounds referred by the City of Dallas, Homeless Services Program; and
Assist ex-offenders to gain employment and housing referrals before release from incarceration
$50,000 General Fund Contract
Economic and Neighborhood Vitality

23. Options for Consideration
Resolution of support for Fair Chance Hiring
Resolution covering City Vendors, Contractors and Suppliers
Ordinance covering most employers within the City of Dallas
Economic and Neighborhood Vitality

24. Resolution of Support
City Council Resolution that would contain the following provisions:
Encourage all employers to remove questions on criminal history from job applications
Adopt Fair Chance Hiring guidelines practices that incorporate EEOC guidelines on the use of criminal records in employment screening
Remove barriers that prevent qualified applicants with criminal histories from being hired
Economic and Neighborhood Vitality

25. Resolution For Vendors, Contractors and Suppliers
Requires Fair Chance Hiring as a condition of contracting with the City of Dallas
Incorporates in request for bid and proposal
Incorporates in final contract language
Requires annual certification that Fair Chance Hiring guidelines are being followed
Economic and Neighborhood Vitality

26. Comprehensive Ordinance Covering Most Employers
Requires commitment of significant City Resources for Enforcement
No Proven Model of Effectiveness
Costs Appear to Outweigh Benefits
Economic and Neighborhood Vitality

27. Recommendation
Adopt a resolution that requires contractors, vendors and suppliers who do business with the City to adopt Fair Chance Hiring guidelines
Require Annual Certification of Fair Chance Hiring guidelines
Partner with Business Groups and Non-Profits to promote Fair Chance Hiring
Market new policy in cooperation with other city departments including Business Procurement, Economic Development and Office of Business Diversity
Economic and Neighborhood Vitality

28. Next Steps Adoption of resolution by City Council
Economic and Neighborhood Vitality

29. Fair Chance Hiring
Economic Development and Housing Committee, September 5, 2017
Beverly Davis, Assistant Director, Fair Housing and Human Rights Office